Chapter 19.40
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS

Sections:

19.40.010    Purpose.

19.40.020    Type of action.

19.40.030    Types of amendments.

19.40.040    Sources of proposed amendments.

19.40.050    Recommended comprehensive plan amendment package.

19.40.060    City council approval of the comprehensive plan amendment package.

19.40.070    Fee for consideration of proposal by public.

19.40.080    Planning commission review and recommendation of the comprehensive plan amendment package for adoption.

19.40.090    Sixty-day agency review.

19.40.100    Submittal to Chelan County.

19.40.110    City council review and action.

19.40.010 Purpose.

A. The city council finds and declares that because the comprehensive plan is the policy guideline for several aspects of government operations, including capital budget decisions, it is important that it be evaluated annually and revised as necessary to remain an accurate planning blueprint for the city. This chapter establishes the annual comprehensive plan review process, pursuant to the authority of Chapters 35A.63 and 36.70A RCW.

B. The annual comprehensive plan review process is established so that the cumulative effects of various proposals to amend the comprehensive plan can be determined, concurrently and not more frequently than once a year, except under the following circumstances:

1. The initial adoption of a subarea plan;

2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;

3. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget;

4. When the city council determines an emergency exists;

5. To resolve an appeal filed with the Growth Management Hearings Board or with the court. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.08.010).

19.40.020 Type of action.

The annual comprehensive plan review process is a Type V action and shall be considered according to the process set forth in this chapter. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.08.020).

19.40.030 Types of amendments.

Any proposed amendments and/or revisions to the comprehensive plan will be categorized into one of the following types:

A. “Area-wide amendment” is a proposed change or revision which has general applicability throughout the community.

B. “Capital facilities amendment” is a proposed change or revision specifically related to the capital facilities element of the comprehensive plan which affects capital budget decisions.

C. “Emergency amendment” is a proposed change or revision to any part of the comprehensive plan which arises from a situation that necessitates the immediate preservation of the public health, safety and welfare.

D. “Urban growth area amendment” is a proposed change or revision to the location of the urban growth area. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.040 Sources of proposed amendments.

The administrator shall accumulate proposed amendments to the comprehensive plan from the city’s staff and the public, as follows:

A. Public Proposals. Amendments to the comprehensive plan, a subarea plan, or development regulations may be suggested by October 31st of the proceeding year by any person, including but not limited to applicants, citizens, hearing examiners and staff of other agencies. The public shall be made aware of the opportunity to suggest amendments and to comment on suggested amendments through methods including but not limited to direct mailings, newsletter and newspaper articles, legal advertisements, and notices posted in public places. Public notice requirements shall be as set forth in Chapter 19.22. Suggested amendments shall include the following written information to meet the docketing requirements of this chapter:

1. Name, address and telephone number of the person, business, agency or other organization suggesting the amendment;

2. Citation of the specific text, map or other illustration suggested to be amended;

3. The suggested amendment;

4. The type of suggested amendment, as defined by Section 19.40.030;

5. Where appropriate, a parcel number, address and/or legal description to establish a general location for any proposed map changes;

6. An explanation of why the proposal is being presented for consideration;

7. A brief explanation of how the proposed amendment(s) address the following review criteria:

a. Is the proposed amendment necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates?

b. Is the proposed amendment consistent with the Growth Management Act, the county-wide planning policies and the comprehensive plan?

c. Is the proposed amendment consistent with the existing comprehensive plan (encompassing any other documents incorporated therein), including the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan? If the proposed amendment is inconsistent with any existing aspects of the comprehensive plan, what new or revised assumptions, background information changes, goals, policies, objectives, etc., must be made, and what conditions have changed that warrant such modification?

d. For those proposed amendments that are map amendments, is the proposed designation adjacent to property having a similar and/or compatible designation?

e. Will the proposed amendment affect lands designated as resource lands of long-term commercial significance and/or critical areas? If so, how will the proposed amendment impact these areas?

f. How does the proposal promote the public health, safety and welfare?

These criteria will assist in determining the amount of work associated with each proposed amendment. The decision to include or not include each proposed amendment for the following year’s comprehensive plan amendment package shall be based on available city resources to accomplish the necessary review as projected from the above evaluation.

8. If a suggested amendment is only to the development regulations, a statement as to how the amendment complies with the comprehensive plan.

9. For proposed amendments affecting the urban growth area, applications from the public shall be submitted to Chelan County in accordance with Chelan County Code and shall then be forwarded by the county to the city by March 15th. Said applications must be consistent with the provisions of this section.

B. Identified Deficiencies by the City. The city’s staff may identify deficiencies in plans or development regulations, and make recommendations for amendments. “Deficiency” as used herein means the absence of required or potentially desirable contents of a comprehensive plan, subarea plan, or development regulation. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.08.030, 19.08.040).

19.40.050 Recommended comprehensive plan amendment package.

The administrator shall compile and maintain for public review a list of proposed amendments from the public and the city, as set out in Section 19.40.040 by appropriate classification and in the order which such proposed amendments were received. The proposed amendments shall be presented to planning commission by December 31st for consideration as the recommended comprehensive plan amendment package through a public workshop. The planning commission shall provide the recommended comprehensive plan amendment package to the city council by March 31st. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.08.050).

19.40.060 City council approval of the comprehensive plan amendment package.

The recommended comprehensive plan amendment package, proposed by the planning commission in Section 19.40.050, shall be presented to the council for consideration, and the council should adopt a final comprehensive plan amendment package by April 30th, for comprehensive review by the planning commission. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.070 Fee for consideration of proposal by public.

If the final comprehensive plan amendment package includes a proposed amendment by the public, as set out in Section 19.40.030(A), the proponent shall submit all information related to the proposal and shall remit the fee for reimbursing the city for the city’s staff to analyze the proposal, at the hourly rate established by the city’s rate resolution. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.080 Planning commission review and recommendation of the comprehensive plan amendment package for adoption.

The comprehensive plan amendment package will be reviewed and evaluated by planning commission through public workshop(s) and meeting(s). The planning commission shall hold at least one public hearing on the comprehensive plan amendment package and shall subsequently forward to the city council for adoption with the appropriate findings and conclusions thereon, based on the following criteria:

A. The amendment is necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates;

B. The amendment is consistent with the requirements of the Growth Management Act and the county-wide planning policies;

C. The amendment is consistent with the overall intent of the existing comprehensive plan and the other documents incorporated therein;

D. The amendment is consistent with the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan;

E. The amendment is consistent with and does not adversely affect the supply of land for various purposes which is available to accommodate projected growth over a twenty-year period;

F. Where applicable, conditions have changed such that assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan have been revised and/or enhanced to reflect said conditions;

G. Amendments to the comprehensive plan land use designation map(s) are either consistent and/or compatible with, or do not adversely affect, adjacent land uses and surrounding environment;

H. The amendment is consistent with and does not negatively impact public facilities, utilities and infrastructure, including transportation systems, and any adopted levels of service;

I. The amendment does not adversely affect lands designated as resource lands of long-term commercial significance or critical areas. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.090 Sixty-day agency review.

As required by RCW 36.70A.106, the sixty-day state agency/public review period shall occur prior to final action on the proposed amendments by the city council. The city shall act as lead agency pursuant to SEPA for the proposed amendments, including those proposals affecting the UGA. The city will initiate the required reviews and will indicate in their transmittal documents that the SEPA and sixty-day reviews are being jointly sponsored by, and are supportive of, both the city’s and Chelan County’s formal public review and decision-making process associated with the proposed amendments. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.100 Submittal to Chelan County.

In recognition of the city’s primary role in planning for growth and development within the UGA, Chelan County has adopted the city’s comprehensive plan and development regulations for application to the UGA and will adopt amendments that affect the UGA. Chelan County also employs an annual process for reviewing proposed amendments to Chelan County’s comprehensive plan. All proposed amendments to the comprehensive plan that affect the UGA, including amendments to the UGA, will be submitted to Chelan County, following the planning commission’s recommendation for adoption to the city council in Section 19.40.080, for inclusion in Chelan County’s formal public review and adoption process. It is acknowledged that, for the city’s proposed amendments to be timely considered by Chelan County’s annual review process, the proposed amendments affecting the UGA will be forwarded to Chelan County by September 30th of each year. If the proposed amendments affecting the UGA are not forwarded to Chelan County by September 30th, the proposed amendments will not be considered by Chelan County until the following year. The city will participate in Chelan County’s review process and advocate the city’s official position on the status of the proposed amendments affecting the UGA. (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.40.110 City council review and action.

Upon receipt of the planning commission’s recommended comprehensive plan amendment package for adoption, the city council will begin their review process, which may include informal public workshops, forums and meetings. City council may hold workshops prior to planning commission’s recommendation in order to meet the timelines established; however, no action on the comprehensive plan amendment package shall be taken by city council without a recommendation by planning commission. The city council will hold at least one public hearing on the proposed amendments prior to taking final action.

The city council’s adoption of the comprehensive plan amendment package shall be by ordinance by December 31st, but in no instance shall the city council adopt proposed amendments prior to the conclusion of the required sixty-day review process. The city’s staff will forward the amendments to the required state and local agencies. (Ord. 1411 § 5 (Exh. E) (part), 2010).